******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Andrea Hall and David Fitts ) (Call Sign WPCA882) ) ) Request for Waiver of Section 90.149(a) ) of the Commission's Rules ) ORDER Adopted: January 12, 2000 Released: January 13, 2000 By the Deputy Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On March 5, 1999, Andrea Hall and David Fitts (Petitioners) filed a request that the Commission accept, process and grant its late-filed renewal/reinstatement application, pursuant to section 90.151 of the Commission's rules. Petitioners timely constructed their Specialized Mobile Radio (SMR) license but, as a result of administrative error, filed their license renewal and reinstatement application more than 30 days after expiration of their license. Petitioners now request that we accept the late-filed reinstatement application. 2. In the ULS Memorandum Opinion and Order, the Commission removed the 30-day reinstatement period that had been provided in section 90.149(a) and established instead a grace period procedure in which the Wireless Telecommunications Bureau, after strictly reviewing all facts and circumstances concerning the late filing of the renewal application, may grant the renewal nunc pro tunc. Because the licensees timely constructed their authorization and are currently providing service, grant of the waiver is in the public interest. We therefore will grant the requested waiver. 3. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Communications Act, as amended, 47 C.F.R.  154(i), and sections 0.331 and 1.925 of the Commission's rules, 47 C.F.R.  0.331, 1.925, the requests for waiver filed by Andrea Hall and David Fitts on March 5, 1999 ARE GRANTED. FEDERAL COMMUNICATIONS COMMISSION Suzan Friedman Deputy Chief, Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau